The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The reasoning for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. In light of the Defendant’s blood alcohol concentration, driving distance, etc. as well as the fact that the Defendant had been sentenced to a two-year suspended sentence for a violation of the Road Traffic Act on January 2017, even though he/she had been sentenced to a two-year suspended sentence due to the Defendant’s violation of the Road Traffic Act, the Defendant’s sentence against the Defendant is inevitable.

However, the lower court’s punishment seems somewhat unreasonable if it examines all of the sentencing conditions on the records, such as the Defendant’s age, sex, environment, circumstance of crime, and circumstance after crime, etc., including the fact that the Defendant has recognized all of the instant crimes, and that he/she has expressed his/her intent not to repeat crimes, such as disposal of vehicles operated at the time of the instant case, and that there was no sentence imposed including the same kind of crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 Subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (the foregoing favorable circumstances);